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 About Rule Making

The Administrative Procedures Act  (APA), Chapter 29A of West Virginia Code, defines the types of rules and establishes the procedures and time lines for promulgating rules by agencies covered in the act. The Act is administered by the Legislative Rule Making Review Committee (LRMRC) and the Administrative Law Division (ALD) of the Secretary of State.

All rules are now filed electronically using eRules.  All necessary forms are included in each type of rule filing.

These pages are especially designed to assist agency rule makers to take a rule from idea to effective rule, and will help answer these questions:

What rule type is right for the circumstances?
The purpose of a rule is key to selecting the rule type. See Types of Rules.
What steps are followed to put the rule in effect?
The steps are complicated, but every step is detailed here.  See Summary of Rule Making Steps.
What if the rules are needed quickly and there's not enough time to go through all the steps?
Emergency rules are an option in some circumstances. See Emergency Rules.
Are all government agencies required to follow these steps?
The Legislature has granted some specific exemptions to the procedures, although even those agencies file.  See Exemptions.
Where can you find the law on rules?
The Administrative Procedures Act, or APA, is just a click away.